State Records Committee Appeal 00-07

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

WILLIAM MUNRO, Appellant, vs.
UTAH DEPARTMENT OF CORRECTIONS, Appellee.

DECISION AND ORDER
Case No. 00-07

By this appeal, William Munro seeks an order compelling the Utah Department of Corrections to provide a "nine column employee list/roster."

The State Records Committee, having reviewed the materials submitted by the parties, and having heard oral argument and testimony of the parties on November 1, 2000, now issues the following Decision and Order.

FINDINGS OF FACT

1. William Munro is an inmate at the Utah State Prison.

2. The Utah State Prison is administered by the Utah Department of Corrections ("UDOC").

3. Mr. Munro requested a nine column employee roster minus the social security number column, which request was denied by UDOC.

4. UDOC did provide Mr. Munro a three column roster, including the employee's first name, last name and job title, which items are included in the nine column roster.

STATEMENT OF REASONS FOR DECISION

1. The Government Records Access and Management Act ("GRAMA") specifies that "all records are public unless otherwise expressly provided by statute." Utah Code Ann. Section 63-2-201(2) (2000). Records that are not public are designated as either "private," "protected," or "controlled." Utah Code Ann. Sections 63-2-302, -303, -304 (2000).

2. UDOC denied Mr. Munro's request on the basis that the additional six columns of the employee roster (minus the social security number) were protected under the provisions of Utah Code Ann. Section 63-2-304(12) (Supp. 2000).

3. The Committee finds that UDOC properly denied access to the additional six columns. The release of these records would jeopardize the security or safety of a correctional facility, and are therefore properly classified as protected in accordance with Utah Code Ann. Section 63-2-304(12) (Supp. 2000).

ORDER

THEREFORE, IT IS ORDERED THAT the appeal of Mr. Munro for the additional six columns of the employee roster be denied.

RIGHT TO APPEAL

Either party may appeal this Decision and Order to the District Court. The petition for review must be filed no later than thirty (30) days after the date of this order. The petition for judicial review must be a complaint. The complaint and the appeals process are governed by the Utah Rules of Civil Procedure and by Utah Code Ann. Sections 63-2-404 and 63-2-502(7) (2000). The court is required to make its decision de novo. In order to protect its rights on appeal, a party may wish to seek advice from an attorney.

Entered this 6th day of November, 2000.

BY THE STATE RECORDS COMMITTEE

Betsy L. Ross, Chairperson
State Records Committee